This chapter provides for adjustments from the development standards
of this Zoning Ordinance only when, because of special circumstances
applicable to the property, including location, shape, size, surroundings,
or topography, the strict application of this Zoning Ordinance denies
the property owner privileges enjoyed by other property owners in
the vicinity and under identical zoning districts.
A variance or modification is not required for alterations,
modifications or other changes to a non-conforming structure or non-conforming
use where the alterations, modifications or changes make the structure
or use more compliant with the development standards of this Zoning
Ordinance.
(Ord. 01-594 § 2, 2001; Ord. 14-940 § 36, 2014)
A.
Variances. The Commission may grant a variance to any development
standard of this Zoning Ordinance; except that a variance shall not
allow a use of land not otherwise allowed in the applicable zoning
district by Article 19-2 (Zoning Districts and Allowable Land Uses).
B.
Modifications. The Director may grant a modification as
follows.
1.
A
modification may allow an adjustment of no more than 10 percent to
the standards of this Zoning Ordinance.
2.
Any
request to deviate from the development standards of this Zoning Ordinance
that exceeds the 10 percent limitation, shall require a variance application
in compliance with this chapter.
(Ord. 01-594 § 2, 2001)
A.
Filing. An application for a variance or modification shall be completed, filed, and processed in compliance with Chapter 19.40 (Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required for variances in compliance with Section 19.60.040 (Findings and Decision), below.
B.
Notice and Hearing. An application for a variance shall be scheduled for a public hearing once the department has determined that the application is complete. Noticing of the public hearing shall be given in compliance with Chapter 19.74 (Public Hearings and Notice). Modification applications do not require public notice or a hearing.
(Ord. 01-594 § 2, 2001)
A.
Director Action on a Modification. Where a hardship exists,
the Director may approve a modification application, with or without
conditions, or modify or deny the request provided that the Director
determines that the request will have insignificant impact on adjacent
properties.
B.
Commission Action on a Variance. The Commission may approve a variance application, with or without conditions, only after first making all of the findings identified in subsection (C), (Variance Findings), below.
C.
Variance Findings.
1.
There
are exceptional or extraordinary circumstances or conditions applicable
to the property involved, including size, shape, topography, location,
or surroundings, which do not generally apply to the surrounding properties
in the same zone; and which deny the owner privileges enjoyed by other
property owners in the vicinity and within the same zoning district;
and
2.
Because
of the circumstances or conditions, the variance is necessary for
the preservation and enjoyment of a substantial property right possessed
by other property similarly situated but which is denied to the property
in question; and
3.
The
granting of the variance will not be materially detrimental to the
public welfare or injurious to the adjacent property; and
4.
The
granting of the variance will not adversely affect the General Plan
nor the purpose and intent of the provisions of this Zoning Ordinance.
(Ord. 01-594 § 2, 2001)
In approving a variance, the Commission may impose reasonable
and necessary specific design and locational conditions relating to
both on- and off-site improvements, which are intended to ensure that:
B.
On-
or off-site improvements (e.g., fire hydrants, streets, street lighting,
traffic-control devices, etc.) are provided as reasonable and necessary
to carry out the purpose and requirements of the applicable zoning
district.
(Ord. 01-594 § 2, 2001)
